This case has been cited 2 times or more.
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2011-11-28 |
DEL CASTILLO, J. |
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| Verification of pleading is not an empty ritual bereft of any legal importance. It is intended to secure an assurance that the allegations contained in the pleading are true and correct; are not speculative or merely imagined; and have been made in good faith.[81] A pleading may be verified by stating that the pleaders have read the allegations in their petition and that the same are true and correct based either on their personal knowledge or authentic records, or based both on their personal knowledge and authentic records. While the rule gives the pleaders several ways of verifying their pleading, the use of the phrase personal knowledge or authentic records is not without any legal signification and the pleaders are not at liberty to choose any of these phrases fancifully. Hun Hyung Park v. Eung Won Choi[82] teaches us when to properly use authentic records in verifying a pleading: "[A]uthentic" records as a basis for verification bear significance in petitions wherein the greater portions of the allegations are based on the records of the proceedings in the court of origin and/or the court a quo, and not solely on the personal knowledge of the petitioner. To illustrate, petitioner himself could not have affirmed, based on his personal knowledge, the truthfulness of the statement in his petition before the CA that at the pre-trial conference respondent admitted having received the letter of demand, because he (petitioner) was not present during the conference. Hence, petitioner needed to rely on the records to confirm its veracity. | |||||
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2010-04-20 |
LEONARDO-DE CASTRO, J. |
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| The reason for requiring verification in the petition is to secure an assurance that the allegations of a pleading are true and correct; are not speculative or merely imagined; and have been made in good faith.[37] To achieve this purpose, the verification of a pleading is made through an affidavit or sworn statement confirming that the affiant has read the pleading whose allegations are true and correct of the affiant's personal knowledge or based on authentic records.[38] | |||||